Lorry knocked off wing mirror - next steps
Discussion
About a month ago now a tipper lorry knocked the wing mirror off my wife's car as she drove home from work. Tight 3 lane section of urban road, tipper in middle lane moved right to give clearance to a bus, missing my wife in her own lane to his right....
Thankfully all was on dashcam, the registration was not visible but the branding of the company was so contacted them. After sending the videos and pictures of the damage i was promised it would be looked into and I'd be called back.
After hearing nothing for over 3 weeks I contacted the company again with a letter before action giving them 2 weeks to settle or I'd go via small claims. I have incurred costs of:
£325 for a replacement mirror (second hand fro a breaker, a new one was £920!)
£400 estimate for painting & blending the door (scuffed from the mirror coming off)
£80 for an hours labour from our trusted mechanic to fit the mirror
Is it just a case of now getting pro-forma invoices for the estimates, getting the invoice for the (already paid for) wing mirror adding the costs of the action and submitting the moneyclaim online? - I did get a very quick reply saying that my letter had been sent on to their insurance company and that they would be in contact, however they haven't been....
With an excess equivalent to the claim value it makes no sense to involve the insurers - I've never had to do this before
Thankfully all was on dashcam, the registration was not visible but the branding of the company was so contacted them. After sending the videos and pictures of the damage i was promised it would be looked into and I'd be called back.
After hearing nothing for over 3 weeks I contacted the company again with a letter before action giving them 2 weeks to settle or I'd go via small claims. I have incurred costs of:
£325 for a replacement mirror (second hand fro a breaker, a new one was £920!)
£400 estimate for painting & blending the door (scuffed from the mirror coming off)
£80 for an hours labour from our trusted mechanic to fit the mirror
Is it just a case of now getting pro-forma invoices for the estimates, getting the invoice for the (already paid for) wing mirror adding the costs of the action and submitting the moneyclaim online? - I did get a very quick reply saying that my letter had been sent on to their insurance company and that they would be in contact, however they haven't been....
With an excess equivalent to the claim value it makes no sense to involve the insurers - I've never had to do this before
Have already threatened to report a hit and run, seems no point in doing anything further.
Have already sent a letter before action giving 14 days to settle, that letter has been acknowledged and they say forwarded to insurers - this period finishes at the end of the week, just need to be ready for the next steps. I am also conscious that a ~£800 claim should just be paid out relatively easily by the insurer given the significantly higher costs of defending it.
Have already sent a letter before action giving 14 days to settle, that letter has been acknowledged and they say forwarded to insurers - this period finishes at the end of the week, just need to be ready for the next steps. I am also conscious that a ~£800 claim should just be paid out relatively easily by the insurer given the significantly higher costs of defending it.
Blue Dog said:
I always give larger vehicles a bit more space, especially if it`s tight narrow lanes.
It was my wife driving (generally a perfectly competent driver with some AD training) although I have reminded her that its best to drive defensively, especially as we collected a new car this weekend which is significantly larger and more valuable....This is where motor legal protection pays for itself...
I had a driver drive off after hitting me last year (in my classic Mini), my insurance broker referred me to their excellent solicitors who took the details, and recovered all losses from the third party. My car got repaired at my choice of garage, and I never had to part with a penny.
I had a driver drive off after hitting me last year (in my classic Mini), my insurance broker referred me to their excellent solicitors who took the details, and recovered all losses from the third party. My car got repaired at my choice of garage, and I never had to part with a penny.
kiethton said:
Have already threatened to report a hit and run, seems no point in doing anything further.
Don't just threaten to do it, actually do report the incident to the police. Failing to stop after an accident is a reasonably serious offence so it's likely they will get a visit from the police as you have evidence in the dash cam footage.The company will be able to work out which truck it was based on the area it happened and the time, but might need old bill standing at the managers desk before they bother.
Will you really win this without a reg?
Surely its too easy for the other side to just say it wasn't them and you don't have conclusive proof that it was. Yes it branded vehicle but that isn't provably unique.
Not suggesting its right - but I'd be surprised if the police can do anything without suitable evidence.
Surely its too easy for the other side to just say it wasn't them and you don't have conclusive proof that it was. Yes it branded vehicle but that isn't provably unique.
Not suggesting its right - but I'd be surprised if the police can do anything without suitable evidence.
Edited by kingb on Wednesday 3rd August 14:47
SkodaIan said:
Don't just threaten to do it, actually do report the incident to the police. Failing to stop after an accident is a reasonably serious offence so it's likely they will get a visit from the police as you have evidence in the dash cam footage.
The company will be able to work out which truck it was based on the area it happened and the time, but might need old bill standing at the managers desk before they bother.
This. You made the threat, they haven't responded, so follow through with it. The company will be able to work out which truck it was based on the area it happened and the time, but might need old bill standing at the managers desk before they bother.
Why have you not just given this to your insurers to deal with ? Thats what they are for ?
Come renewal you'll still need to declare it under the 'any accidents, claims or losses' question so why are you wearing the stress of dealing with it ?
For those saying report the hit and run, all well and good but likelihood is that in the moment in a rig that size the driver probably had no idea they had scuffed a wing mirror off, would have been imperceptible to them in the cab so he's never getting convicted of that.
Come renewal you'll still need to declare it under the 'any accidents, claims or losses' question so why are you wearing the stress of dealing with it ?
For those saying report the hit and run, all well and good but likelihood is that in the moment in a rig that size the driver probably had no idea they had scuffed a wing mirror off, would have been imperceptible to them in the cab so he's never getting convicted of that.
Smiljan said:
Blue Dog said:
I always give larger vehicles a bit more space, especially if it`s tight narrow lanes.
I'm sure you do but I fail to see how this is relevant.OP, have you tried going through the insurance anyway, excess isn't applicable as it's not your fault.
kingb said:
Will you really win this without a reg?
Surely its too easy for the other side to just say it wasn't them and you don't have conclusive proof that it was. Yes it branded vehicle but that isn't provably unique.
Not suggesting its right - but I'd be surprised if the police can do anything without suitable evidence.
Thankfully their last email admits it was one of their vehicles.Surely its too easy for the other side to just say it wasn't them and you don't have conclusive proof that it was. Yes it branded vehicle but that isn't provably unique.
Not suggesting its right - but I'd be surprised if the police can do anything without suitable evidence.
Edited by kingb on Wednesday 3rd August 14:47
dibblecorse said:
Why have you not just given this to your insurers to deal with ? Thats what they are for ?
Come renewal you'll still need to declare it under the 'any accidents, claims or losses' question so why are you wearing the stress of dealing with it ?
For those saying report the hit and run, all well and good but likelihood is that in the moment in a rig that size the driver probably had no idea they had scuffed a wing mirror off, would have been imperceptible to them in the cab so he's never getting convicted of that.
This . I was thinking exactly the same. OP is doing his insurance company's job for them even though he has paid them for it.Come renewal you'll still need to declare it under the 'any accidents, claims or losses' question so why are you wearing the stress of dealing with it ?
For those saying report the hit and run, all well and good but likelihood is that in the moment in a rig that size the driver probably had no idea they had scuffed a wing mirror off, would have been imperceptible to them in the cab so he's never getting convicted of that.
Unreal said:
SkodaIan said:
Don't just threaten to do it, actually do report the incident to the police. Failing to stop after an accident is a reasonably serious offence so it's likely they will get a visit from the police as you have evidence in the dash cam footage.
The company will be able to work out which truck it was based on the area it happened and the time, but might need old bill standing at the managers desk before they bother.
This. You made the threat, they haven't responded, so follow through with it. The company will be able to work out which truck it was based on the area it happened and the time, but might need old bill standing at the managers desk before they bother.
kiethton said:
Smiljan said:
Blue Dog said:
The insurers aren't being involved under any circumstance here.
May well be too late for that as the 3rd party have now instructed their insurers to deal with, unless it is absolutely clear cut that that it is their fault and the footage is beyond reproach, expect their insurers to look at splitting liability and they will likely want to negotiate that with your insurers.They also do not need to respond to your 14 day demand as they have now handed this to their insurers to deal with who they pay to provide liability cover for them, even if you made it to the small claims court they will just state they have put this in the hands of their insurers as per the terms of their policy, as theirs will say the same as yours, they need to be notified asap. They are not refusing to deal with it, they are not prepared to settle and have handed it to their experts, ie insurers to deal with.
kiethton said:
Smiljan said:
Blue Dog said:
I always give larger vehicles a bit more space, especially if it`s tight narrow lanes.
I'm sure you do but I fail to see how this is relevant.OP, have you tried going through the insurance anyway, excess isn't applicable as it's not your fault.
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